Common use of Exercise Limitation Clause in Contracts

Exercise Limitation. Notwithstanding any provisions herein to the contrary, the Warrantholder shall not be entitled to exercise Warrants if, immediately prior to or after giving effect to such exercise, such Warrantholder beneficially owns 9.99% or more of the outstanding Shares, and the Warrantholder shall not be entitled to exercise Warrants for a number of Shares in excess of that number of Shares which, upon giving effect to such exercise, would cause the aggregate number of Shares deemed beneficially owned by the Warrantholder to exceed 9.99% of the outstanding Shares following such exercise. For purposes of the foregoing proviso, the aggregate number of Shares beneficially owned by the Warrantholder shall include the number of Shares issuable upon exercise of this Warrant with respect to which determination of such proviso is being made, but shall exclude the Shares which would be issuable upon (i) exercise of the remaining, unexercised Warrants beneficially owned by the Warrantholder and (ii) exercise or conversion of the unexercised or unconverted portion of any other securities of the Company beneficially owned by the Warrantholder subject to a limitation on conversion or exercise analogous to the limitation contained

Exercise Limitation. Notwithstanding any provisions herein to the contrary, the Warrantholder Holder shall not be entitled to exercise Warrants if, immediately prior to or after giving effect to such exercise, such Warrantholder beneficially owns 9.99% or more of the outstanding Shares, and the Warrantholder shall not be entitled to exercise Warrants this Warrant for a number of Exercise Shares in excess of that number of Exercise Shares which, upon giving effect to such exercise, would cause the aggregate number of Shares deemed shares of Common Stock beneficially owned by the Warrantholder Holder to exceed 9.999.9% of the outstanding Shares shares of the Common Stock following such exercise. For purposes of the foregoing provisoprovision, the aggregate number of Shares shares of Common Stock beneficially owned by the Warrantholder Holder shall include the number of Shares shares of Common Stock issuable upon exercise of this Warrant with respect to which determination of such proviso provision is being made, but shall exclude the Shares shares of Common Stock which would be issuable upon (i) exercise of the remaining, unexercised Warrants beneficially owned by the Warrantholder Holder and (ii) exercise or conversion of the unexercised or unconverted portion of any other securities of the Company beneficially owned by the Warrantholder Holder subject to a limitation on conversion or exercise analogous to the limitation containedcontained herein. Except as set forth in the preceding sentence, for